Most residential tenancies in Ontario will be governed by the Residential Tenancies Act (the RTA). The RTA states that in most scenarios, you must be given a copy of the Ontario Standard Lease. The standard lease does not apply to care homes, sites in mobile home parks and land lease communities, most social and supportive housing, certain other special tenancies and co-operative housing. 

If you are entitled to a standard lease but didn't get one, ask your landlord in writing for a copy. Once you request it, they must give it to you within 21 calendar days. If they don't, you can withhold one month’s rent. If you still haven't received a standard lease 30 calendar days after you withheld one month’s rent, you can keep the withheld rent. 

Some important elements:

1. Parties to the Agreement

The landlord's and tenant's full names should be noted here.

2. Rental Unit

The details of the unit, address, including if it’s a basement, house, condominium unit, the unit’s address, and the number of parking spaces.

3. Contact information

The landlord’s contact information for giving notices and documents. Methods to contact the landlord can include mail, email, or phone. If the landlord fails to provide this information, rent may be withheld until that information is provided. 

4. Term of Tenancy Agreement

The details of the tenancy, such as when the tenancy starts, whether it’s for a fixed term (e.g., one year) or month-to-month, or even weekly. The end of a lease doesn’t mean the tenant must move out. At the end of the lease, the tenant may continue living in the unit under the original lease agreement’s rules (if the lease was for a year, the lease automatically reverts to a month-to-month tenancy).

Evictions can only happen if the tenant has broken the law, such as not paying rent, damaging the unit, or other infractions under the Residential Tenancies Act. If the landlord sells the property or wants to move into it, they may ask the tenant to move out with a Notice of Termination.

5. Rent

This section states what the total rent will be, how often it’s paid (monthly, weekly, or other), how it’s paid (cheque, cash, online banking, etc.), and if parking and other services are included in the payment. Rent can only be increased once every twelve months, or twelve months since the start of the tenancy, if the tenant continues to reside in the rental unit. 

If your unit was constructed before November 15, 2018, your unit is rent controlled. This means that rent may only be increased by a certain percentage amount set out by the LTB every years. For 2025, this amount is 2.5%. The landlord may apply for an 'Above Guideline Increase' for an additional 3%, but only under certain circumstances.

If your unit was constructed after November 15, 2018, your unit is not rent controlled and the rent may be raised by any amount every twelve months. 

In all cases, you must be given 90 days written notice, ideally using the prescribed form from the LTB. For rent controlled units, you must be served with an N1. For non-rent controlled units, you must be served with an N2.

6. Services and Utilities

The landlord must state which utilities are included in the base rent price. Utilities may include heat, water, electricity, and other services. Landlords must also state which utilities a tenant needs to pay for. Electricity, heat, and water can either be paid by the tenant or landlord. If paid by the tenant, the landlord must provide the tenant with details on how to pay for utilities.

7. Rent Discounts

Some landlords may provide rent discounts such as rent-free periods up to three months within a year and other types of discounts.

8. Rent Deposit:

The common phrase “first and last” refers to the first month’s rent and the rent deposit, which goes toward the last month of tenancy. A last month rent deposit cannot exceed the amount of one month’s rent payment. Rent deposits are due on or before the beginning of the tenancy. Landlords must pay interest on rent deposits every year. Damage deposits, 'pet' deposits, etc... are illegal. If you have been charged an illegal deposit, you can request it back from your landlord. If they do not refund you, then you are able to file a form T1 with the LTB to start an application with them to claim a rebate from the landlord. 

9. Key Deposit

Key deposits cover the replacement cost of any keys, access cards, or entry devices if the tenant loses them. The key deposit is returned once the complete keys are returned to the landlord at the end of the tenancy.

10. Smoking

Provincial law states that smoking is not allowed in common areas but allowed in the unit. However, the landlord may prohibit smoking in the unit in the lease agreement. Landlords can also evict tenants if smoking damages their property or infringes on the rights of others. Each condominium corporation also has their own set of rules and regulations regarding smoking, so it is important for a tenant to be apprised of their building-specific rules regarding smoking.

11. Tenant’s Insurance

Landlords may require tenants to have liability insurance that covers unintentional or accidental damage to the unit, or people within the unit and any legal fees incurred from said damage. Tenant’s insurance is designed to protect a tenant’s assets in the case of accidental damage.

12. Changes to the Rental Unit

Tenants may install decorations like window coverings and pictures but cannot make any substantial alterations to the unit without the landlord’s permission.

13. Maintenance and Repairs

It’s the landlord’s responsibility to make sure the unit is in good repair and complies with all health and safety standards. However, if the tenant causes any negligent or intentional damage, they must pay the repair fees.

14. Assignment and Subletting

Tenants have the right to assign or sublet their unit with the landlord’s consent. The landlord cannot arbitrarily or unreasonably refuse the tenant’s right to refuse a sublet or assignment. If the landlord is not accepting or responding to the request for assignment within 7 days, the tenant may serve the landlord with a form N9 to end their tenancy with 30 days notice. 

15. Additional Terms

The landlord and tenant may agree to additional terms like changes to the unit prior to the tenant moving in, or rules for the usage of common areas or amenities. Additional terms cannot violate the Residential Tenancies Act or the Ontario Human Rights Code. Commonly-used unenforceable rent terms include: banning pets, banning roommates or guests, or any additional fees like security deposits or interest.

Note: This is not everything that may be included in a lease; it solely exists as a brief reference for the basics of terms in your lease. For any questions or consultations, you must contact a licensed legal professional.  

Kaufman Paralegal Services offers free legal consultations, and reviews of your lease. Please contact us at the below information for help.

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Michael Joseph Kaufman

(289) 395-0207

Michael@KaufmanRights.com

Kaufman Paralegal Services